Court grants Timothy Njoya orders to evict 'stepmother' from family land

Reverend Timothy Njoya during celebrations to mark his 71st birthday at a Nairobi hotel, 2012. /FILE
Reverend Timothy Njoya during celebrations to mark his 71st birthday at a Nairobi hotel, 2012. /FILE

A court has given retired PCEA cleric Rev Timothy Njoya orders to evict a woman, who claimed to be his stepmother, from his father's land in Mukurweini, Nyeri county.

Njoya and the 'stepmother' have been engaged in a court battle over the ownership of the said property for 13 years.

Nyeri senior principal magistrate Phillip Mutua on Monday declared Mary Wangui as a trespasser.

Mutua said the woman should voluntarily leave the land in 30 days, failure to which she risks being forcefully evicted.

The court further held that she will also bear the cost of the suit.

Njoya was awarded Sh100,000 as nominal general damages for trespass.

"Any person wrongfully disposed of land has right of recovery and damages in respect to the loss suffered," the magistrate said.

Wangui had insisted that she was the wife of Timothy Njoya's father Nahashon Njoya Murere saying they were married for 19 years until the latter's death in 1996.

Wangui, who was represented by FIDA, said she lived with Timothy's father in the land in question.

She also produced a statement by Thimba Clan Elders of Ngoru village, Muhito location showing that she and the late Njoya were cohabiting.

"We were blessed with four children George Mathenge Njoya, Anthony Maingi Njoya, Nelius Muthoni Njoya, and Lesho Njoki Njoya," Wangui said in her submissions.

"The first two children were from a previous union and the deceased had accepted them as his own."

She also said the Thimba clan elders of Ngoru village, where the deceased came from, had confirmed the marriage under Kikuyu customary laws.

Fida had asked the court to declare her the legal owner of the disputed land through adverse possession.

The magistrate, however, was not satisfied that Njoya was the woman's husband and failed to declare her the owner of the land on grounds of adverse possession.

"There is no enough proof by the defendant that she has been in occupation of the land for more than 12 years," Mutua said.

The court ruled that Timothy had a valid title deed of the land.

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